What is an E-Cigarette Lawsuit?
E-cigarettes have been marketed as a better alternative to cigarette smoking, but they still pose risks to human health.
Injuries from exploding batteries and nicotine-related addiction have been reported by various news outlets from around the country. Some of those harmed by e-cigarettes have taken legal action against the manufacturers.
Through legal action, victims can receive compensation for:
- Costs of medical care and treatment
- Lost wages if they couldn’t work while they recovered
- Pain and suffering
- Other related costs (such as transportation fees)
Outside of these health problems, e-cigarette companies like JUUL have faced lawsuits and government investigations for allegedly marketing to teenagers.
If you were harmed by an e-cigarette, you may also qualify for compensation. That being said, it is in your best interest to work with a lawyer to file your lawsuit. A lawyer will work hard to ensure you receive the most compensation available.
Quick Facts about E-Cigarette Lawsuits
- A California woman was awarded nearly $2 Million from her e-cigarette battery explosion lawsuit in 2015.
- In other lawsuits, teenagers claim they developed nicotine addictions and side effects like lung damage, wheezing, and seizures from using e-cigarettes.
- A common target of e-cigarette lawsuits is JUUL Labs, the most successful e-cigarette company in the United States.
FDA E-Cigarette Lawsuit
Private citizens are not the only ones worried about e-cigarettes. Government agencies like the Food and Drug Administration (FDA) have also expressed concern about e-cigarettes.
However, the FDA found itself in a legal tug-of-war in 2019.
Here is a timeline of FDA regulations and lawsuits related to e-cigarettes:
- August 2016: The FDA announces that e-cigarettes and other vape products would be regulated like traditional tobacco products.
- August 2017: It is revealed that the FDA will delay premarket tobacco product application review for e-cigarettes until 2022. PMTAs outline the products’ ingredients and possible health risks. In the interim, their products could still be sold.
- March 2018: In response to the delays, the FDA faced a joint lawsuit from tobacco advocacy groups such as the Campaign for Tobacco-Free Kids and the American Academy of Pediatrics. These lawsuits urged the FDA to fast-track its regulation of e-cigarettes to protect America’s children.
- March 2019: The agency enacts new regulations to restrict the sales of flavored e-cigarettes and other vape products.
- May 2019: a judge sided with the tobacco advocacy groups and ordered all e-cigarette companies to submit their products for an FDA review by May 2020.
- August 2019: According to the Associated Press, a band of vape companies known as the Vapor Technology Association sued the FDA to delay the regulations put forward by the tobacco advocacy lawsuit.
How Can an E-Cigarette Lawsuit Help Me?
Through a lawsuit, your family may be able to receive financial compensation if you were unfairly harmed by an e-cigarette.
An e-cigarette lawsuit allows you to take legal action against the companies who may be responsible for your injuries.
In a 2018 settlement, a Florida received money to cover his medical expenses and an additional $2 Million after a vape pen exploded and blew out four of his teeth. His treatment cost approximately $47,000.
Filing an E-Cigarette Lawsuit
Those who believe an e-cigarette company is responsible for their harm can file an e-cigarette lawsuit.
To file a lawsuit, you will need to fill out a legal complaint that explains how you were harmed and why it may have been the fault of an e-cigarette company or manufacturer.
While you might be able to file a lawsuit yourself, working with an experienced lawyer is often better. Mistakes or delays in filing could mean you receive less compensation or none at all. A lawyer can help you avoid these issues and make the lawsuit process easier.
Types of E-Cigarette Lawsuits
There are a few different types of lawsuits that you can file, and some types may be better for your case than others.
By working with a professional legal team, you can determine which type of lawsuit may award you with the most compensation.
Types of e-cigarette lawsuits include:
E-Cigarette Class-Action Lawsuits
Class-action lawsuits bring together many people who have suffered similar types of injuries. By doing so, the overall case can become stronger as the lawyers can link one issue to a large number of people.
As of 2019, many e-cigarette class-action lawsuits focus on the product’s appeal to teenagers. These lawsuits claim that teens across the U.S. developed nicotine addictions from vaping because of aggressive marketing campaigns.
E-Cigarette Personal Injury Lawsuits
Personal injury lawsuits are usually brought by one person seeking financial compensation for their injuries. Teen nicotine addiction and health-related injuries and illnesses can fall under this category.
E-Cigarette Wrongful Death Lawsuits
If an e-cigarette caused someone to die, their family or loved ones can file a wrongful death lawsuit. Wrongful death lawsuits seek compensation to cover the family’s medical and/or funeral expenses and compensate them for their grief.
One of the first reported e-cigarette wrongful death lawsuits was filed in 2019. A 24-year-old man from Texas died after a vape battery exploded. His family filed a lawsuit against the vape store where the fatal explosion happened.
Settlements vs Trials
E-cigarette lawsuits are either settled out of court or through a trial.
In an e-cigarette lawsuit settlement, both parties come to an agreement on the amount of compensation the victim deserves.
Lawyers may recommend a settlement because it allows their clients to get compensation faster than in a trial. However, trials may award victims more money.
Both sides present their cases to a judge and jury during a trial. Trials are typically riskier than settling because the jury may side against you. If this happens, you will receive no compensation at all.
Also, even if you win at trial, the opposing side could appeal the verdict and leave you with nothing.
Legal Options After an E-Cigarette Injury
If your teenager has become addicted to nicotine because of e-cigarettes, or if you have experienced health issues due to a vaping device, you may qualify for compensation.
Get a free case review today to learn more about your legal options.